Conditions of Carriage

means a licensed passenger sales agent who represents us in the sale of air passenger transportation on our services

Baggage

means your personal property accompanying you on your trip. It consists of both your Checked Baggage and Unchecked Baggage

Baggage Identification Tag

means the identification tag attached to each item of Checked Baggage by us for the purpose of identifying the Checked Baggage

Checked Baggage

means that part of your Baggage that you do not take into the cabin of the aircraft with you

Conditions of Carriage

means these conditions of carriage

Convention

means either the Montreal Convention or the Warsaw Convention. The Montreal Convention means Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, 28 may 1999. The Warsaw Convention means whichever of the following instruments is applicable to the Passenger’s carriage:

the Convention for the unification of Certain Rules Relating to International Carriage by Air signed at Warsaw. 12th October 1929

(hereinafter referred to as the Warsaw Convention);

the Warsaw Convention as amended at The Hague, 28th September 1955;

the Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975);

the Warsaw Convention as amended at The Hague and by Additional Protocol No.2 of Montreal (1975).

Excess Baggage

means any Checked Baggage in excess of the applicable Baggage allowance for Checked Baggage

Itinerary

means the document we issue to Passenger when booking is confirmed and which includes the Passenger's name, flight information, booking number and notices

“Passenger” or “you”

means any person, except members of the crew, carried or to be carried in an aircraft with our consent.

Special Drawing Rights

means the composite unit of currency that is the official unit of exchange of the International Monetary Fund.

Terms and Conditions

means those statements contained in or delivered with the Itinerary, identified as such and which incorporate by reference, these Conditions of Carriage, our policies and notices available at our offices and check-in counters.

Unchecked Baggage

means any of your Baggage you take with you into the cabin of the aircraft

“we”, “us”, or “Manta Air”

means Manta Aviation Pvt. Ltd

2. Application

2.1. If any of the Terms and Conditions are inconsistent with any of these Conditions of Carriage, these Conditions of Carriage shall prevail.

2.2. Your Itinerary, these Conditions of Carriage, and our Terms and Conditions together constitute the contract for your air carriage.

2.3. If any of these Conditions of Carriage is invalid or unenforceable, it will be read down to the extent necessary to ensure that it is valid or enforceable.

2.4. No Manta Air employee or other person is authorized to vary any of these Conditions of Carriage.

3. Booking

3.1. General

3.1.1. Our flights are not intended for use in connections with flights of other carriers.

3.1.2. A booking is made when it is confirmed by either us or an Authorised Agent, and the full payment has been made. When your booking is confirmed, you will be provided with the Itinerary providing the details of your booking.

3.2. Special Assistance

3.2.1. Generally, we will not allow any person who cannot travel independently and without assistance to travel without an accompanying Passenger.

3.2.2. We do provide special assistance to Passengers who travel with a wheelchair or similar mobility devices. You must arrange for and confirm with us the required special assistance at the time you make your booking.

3.3. Time Limits for Payment of Your Ticket

3.3.1. Fares, all taxes, fees and other charges must be paid in full. If such sums have not been paid in full or your credit or other payment card is declined, we may cancel the reservation at any time without liability.

3.3.2. A booking can be held in reserve for up to 24 (twenty-four) hours from the time the booking is made, unless provided otherwise in the Terms and Conditions. Consequently, this is not applicable to any bookings made within 48 (forty-eight) hours of the flight departure time.

3.4. Personal Data

3.4.1. You recognize that your personal data has been given to us and that we may use the personal data you have provided for the purposes of:

i. making bookings and providing you with the Itinerary;

ii. providing air carriage and providing and developing any related services and facilities;

3.4.2. For these purposes you authorize us to retain and use personal data and to transmit it to:

i. our own offices;

ii. other companies involved in providing your transportation or related services and facilities;

iii. data processors working for us;

iv. our Authorized Agents;

v. government and regulatory agencies; and

vi. credit and other payment card companies.

3.5. Validity: The validity period of your booking is indicated on the Itinerary.

3.6. Cancellations: If you wish to cancel your booking you must apply to cancel your booking. Cancellations are subject to these Conditions of Carriage and the Terms and Conditions. Cancellations may only be made by a person named in the booking and/or the person who made the booking.

4. Itinerary

4.1. General

4.1.1. We will only provide carriage to the person named in the Itinerary issued by us or our Authorized Agent, on the date and flight number indicated. You will also be required to produce your national identity card, driving license or passport (if you are a Maldivian citizen) or a work visa or passport (if you are a not a Maldivian citizen).

4.1.2. Since our liability to you is limited, we strongly recommend that you ensure you have an appropriate level of insurance to cover instances such as:

i. changes in travel plans and cancellations;

ii. medical and hospital expenses;

iii. repatriation costs;

iv. personal injury and death;

v. delayed, damaged or lost baggage.

4.2. Changes to the Itinerary

4.2.1. The Itinerary is valid for air carriage only as per the passenger named, from the place of departure to the place of destination and on the date and flight number shown.

4.2.2. Any changes to the Itinerary or your booking are subject to these Conditions of Carriage and the Terms and Conditions. Such changes may only be made by a person named in the Itinerary or the person who made the booking.

4.2.3. You may have to pay an additional amount as a result of changing your Itinerary.

4.2.4. We are not liable to any person named in an Itinerary for any refund if, in good faith, we provide carriage to a person purporting to be entitled to carriage under that Itinerary.

5. Fares Taxes, Fees and Charges

5.1. Fares

5.1.1. Fares apply only for air carriage from the place of departure to the place of destination indicated on your Itinerary. Fares, taxes, fees and charges, flight schedules and routes are correct as at the time of publication and are subject to change at any time without prior notice. The fare will be for travel on the specific dates and routes shown on the Itinerary.

5.1.2. Fares do not include taxes, fees and charges unless expressly stated by us.

5.2. Taxes, Fees and other Charges

5.2.1. You must pay any taxes, fees and charges imposed on us by the government or other relevant authority or airport operator in respect of your carriage. When you make your booking, we will inform you of taxes, fees and charges not included in the fare.

5.2.2. Taxes, fees and charges are subject to change at any time and even after your booking has been made.

5.3. Currency: You must pay the fare and any taxes, fees and charges in the currency indicated, unless we or our Authorized Agent permit or require you to pay using another currency.

6. Baggage

6.1. Free Baggage Allowance

6.1.1. You may carry a specified amount of Checked Baggage and Unchecked Baggage without additional charge. The current Checked Baggage and Unchecked Baggage allowances are provided in our Terms and Conditions, and are subject to change at any time without notice.

6.1.2. Baby strollers, wheelchairs and other mobility devices are carried at no extra charge provided these are used by the passenger at the time of travel.

6.2. Excess Baggage: The acceptance and carriage of Excess Baggage is at our discretion and you may be required to pay a fee when you check-in. This does not guarantee transportation of excess baggage on the same flight as yours.

6.3. Baggage Restrictions

6.3.1. We reserve the right to refuse carriage of:

i. Items prohibited from carrying by law.

ii. items which are likely to endanger the aircraft or persons or property on board the aircraft, or that may become dangerous. More information is available in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Air Transport Association (IATA) Dangerous Goods Regulations

v. Items which we may determine at our sole discretion its unsuitability for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character.

6.3.2. If we discover that you are carrying prohibited items, we may refuse to carry such items and deal with the prohibited items as we see fit, including handing such item over to the relevant authorities.

6.3.3. You are required to check the list of prohibited items that you are not allowed to carry onboard our aircraft. Please see our Terms and Conditions for further information.

6.4. Checked Baggage

6.4.1. Your Checked Baggage must have your name or other personal identification detail on it. When you check in your Checked Baggage, we will give you a Baggage Identification Tag for each piece of Checked Baggage. We will carry your Checked Baggage, whenever possible, on the same flight as you, unless we decide for safety, security or operational reasons to carry it on another flight. If we carry your Checked Baggage on another flight we will deliver it to you, unless the law says you must be present for customs clearance. You recognize and agree that in case of transporting your Checked Baggage on other flight we will not be under any liability of whatsoever kind, nature or howsoever described as a result of late delivery of such baggage’s

6.4.2. You must not include in your Checked Baggage fragile or perishable items or items of special value such as:

i. money;

ii. jewelry;

iii. precious metals;

iv. computers;

v. personal electronic devices;

vi. share certificates, bonds and other valuable documents;

vii. business documents; or

viii. passports and other identification documents

We are not responsible for loss of or damage to such items.

6.5. Unchecked Baggage

6.5.1. You are entitled to carry 1 (one) Unchecked Baggage. In addition, you may carry as Unchecked Baggage 1 (one) laptop bag and 1 (one) handbag. All Unchecked Baggage must fit in the overhead storage compartment or under the seat in front of you and adhere to the following requirements:

6.5.2. If you have an item of Baggage (such as a musical instrument) larger or heavier than the maximum dimensions and weight for Unchecked Baggage but unsuitable to be carried as Checked Baggage, we will only accept such Baggage for carriage if you have given us notice in advance and we have agreed to carriage of such Baggage. The cost of carriage of such Baggage may be charged separately.

6.5.3. You may carry liquids in your Unchecked Baggage provided that:

i. the liquid is in a container with a maximum volume of 100ml;

ii. all liquid containers meeting the maximum volume of 100ml can be fitted into a transparent, re-sealable 1 ltr plastic bag; and

iii. You may be required to dispose of liquids which do not meet the above requirements.

6.6. Collection and Delivery of Checked Baggage

6.6.1. You must collect your Checked Baggage as soon as we have made it available at your place of destination. If you do not collect it and we need to keep it in storage, we may charge a storage fee. If you do not claim your Checked Baggage within 3 (three) months from the date we make it available, we may dispose of it without any liability to you.

6.6.2. Only the person with the Baggage Identification Tag is entitled to take delivery of the Checked Baggage.

6.6.3. If a person claiming a Checked Baggage cannot produce the Baggage Identification Tag, we will deliver the baggage to them only on condition that they can establish to our satisfaction that the baggage is theirs and if required by us, such person shall provide us with adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.

6.6.4. If Checked Baggage is received without complaint, this will be sufficient evidence that the Checked Baggage has been delivered in good condition and according to the Conditions of Carriage.

6.7. Damaged or Delayed Baggage

6.7.1. If your Checked Baggage arrives damaged, you will need to report the damage immediately to our ground staff or the airport baggage office, before you leave the airport terminal. We are not responsible for minor scratches, dents or other minor damage to your Baggage.

6.7.2. If you are unable to locate your Checked Baggage on arrival please approach our ground staff or the airport baggage office, before you leave the airport terminal.

6.8. Items Removed from Passengers by Security Personnel: We will not be responsible for, nor have any liability in respect of, items removed from your Baggage by governmental, airport or other authority, whether or not any such items are subsequently retained or destroyed by such authority.

6.9. Refer to our Terms and Conditions for further clarification.

7. Security Screening

7.1. We, the government or airport or other authorities may

7.1.1. require you to submit to clothing and body searches;

7.1.2. require you to submit your Baggage to searches or inspections; and

7.1.3. search or inspect your baggage with or without you.

7.2. As a result of any such search, or if you refuse to submit yourself or your Baggage to a search, we may refuse to carry you and your Baggage, and we may deliver your Baggage to government or airport or other authority.

7.3. Except as otherwise provided by the Convention or other applicable laws, if a search, screening or x-ray causes damage to you or your Baggage, we will not be liable for the damage unless it was caused by our negligence.

8. Check-in and Boarding

8.1. Check‐in Deadlines

8.1.1. You must check-in within the deadlines mentioned in your Itinerary. As flight schedules may be subject to change, you are advised to check the scheduled departure time from the airport from which you are departing, and allow plenty of time to check in. We reserve the right to not carry you if you do not meet these deadlines.

8.1.2. Even if your booking is confirmed, there is a chance we may not be able to allocate a seat to you due to the industry wide practice of overbooking. In such event, we will either carry you on the next available flight on which a seat is available, or, should you wish to travel at another time, retain the value of your fare in credit for your future travel provided that you utilize the fare within 90 (ninety) days. These options are sole remedies and we shall have no other liability towards you.

8.1.3. If you do not check in on time, you may be subject to no-show and other charges in accordance with our Terms and Conditions.

8.1.4. You must be present at the boarding gate no later than the time printed on your boarding pass or specified by us at check in or specified by the airport. We may decide not to carry you if you fail to arrive at the boarding gate on time.

8.1.5. Where you fail to check in on time or fail to show up at the boarding gate on time or board the aircraft on time, the fare you paid will not be refunded to you for any reason whatsoever.

8.2. Administration

8.2.1. You are solely responsible for complying with all laws, regulations, orders, demands and requirements of governmental authorities and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions.

8.2.2. You and your baggage are subject to any health and security checks carried out by us or a duly authorized authority.

9. Refusal and Limitation of Carriage

9.1. Right to Refuse Carriage

9.1.1. We may refuse to carry you or your Baggage if one or more of the following has occurred or we reasonably believe may occur:

i. If the carriage of you or your Baggage may endanger or affect the safety of the aircraft or the safety, health or materially affect the comfort of other passengers or crew;

ii. If you are or we reasonably believe you are under the influence of or in unlawful possession of alcohol or drugs;

iii. If your mental or physical state is a danger or risk to you, the aircraft or any person in it;

iv. If you have refused to allow a security check to be carried out on you or your Baggage;

v. If you have not obeyed the instructions of our staff or a member of the crew relating to safety or security and/or used threatening, abusive or insulting words towards our staff or a member of the crew;

vi. If you have behaved in a threatening, abusive, insulting or disorderly way towards a member of our staff or a member of the crew;

vii. If you have deliberately interfered with a member of the crew carrying out their duties;

viii. If you have put the safety of either the aircraft or any person in it in danger;

ix. If you have made a hoax threat relating to bombs, biological, terror, chemical weapons and/or any of its like;

x. If you have committed a criminal offence during the check‐in or boarding processes or on board the aircraft;

xi. If you have not, or do not appear to have, valid travel documents; destroy your travel documents during the flight; refuse to surrender your travel documents to a member of the crew, against receipt when requested, or refuse to allow us to photocopy your travel documents.

xii. if carrying you would break government laws, regulations, or orders; if you have refused to give us information which a government authority has asked us to provide about you.

xiii. If you have not presented a valid Itinerary;

xiv. if you have not paid the total or full fare price (including any Taxes, Fees or Charges) for your journey;

xv. If you have presented an Itinerary acquired illegally;

xvi. If you have presented an Itinerary which you did not buy from us or our Authorized Agents;

xvii. If you have presented an Itinerary which was not issued by us or our Authorized Agents;

xviii. If you have presented an Itinerary which has been reported as being lost or stolen;

xix. If you have presented a counterfeit Itinerary;

xx. If you have presented an Itinerary with an alteration made neither by us nor our Authorized Agents.

xxi. If you cannot prove you are the person named in the Itinerary at check‐in or boarding. We reserve the right to retain such Itinerary in these circumstances.

xxii. If you have failed to present your Itinerary or your boarding pass or your travel documents to us when reasonably asked to do so;

xxiii. if you have failed to complete the check‐in process by the check‐in deadline;

xxiv. if you have failed to arrive at the boarding gate on time.

xxv. If you have behaved in a way mentioned above on or in connection with a previous flight and we believe you may repeat this behavior.

9.2. We will have no liability towards you whatsoever in the event we refuse to carry you.

9.3. Fitness to Fly: If you have a preexisting condition such as diabetes, asthma, heart disease, epilepsy or any other chronic disease, we advise you to:

9.4. Travelling while pregnant: If you are pregnant, a medical certificate or letter signed by an appropriately qualified doctor or midwife is required for pregnant women travelling after 29 weeks of pregnancy. Travel is usually not permitted after 36 weeks (single pregnancies) or 32 weeks (multiple pregnancies) of gestation.

9.5. Unaccompanied Children

9.5.1. An unaccompanied child will not be accepted for carriage if the child is below 5 (five) years of age.

9.5.2. If a child is over 5 (five) years of age, but less than 15 (fifteen) years of age, the child will not be accepted for carriage unless the following conditions are met in full:

i. the child is accompanied at check-in by a parent, guardian or responsible adult identified on an official document (such as birth certificate), who remains in the airport until the child has boarded the aircraft and it has taken-off. The parent, guardian or a responsible adult must be available on the phone at all times. The parent, guardian or a responsible adult guarantee that the child will be met at the place of destination by a parent, guardian or responsible adult;

ii. the child will be escorted through the airport by one of our ground staff member. additional charges for carriage of unaccompanied children may apply in accordance with our Terms and Conditions.

10. Schedules, Delays and Cancellation of Flights

10.1. Schedules

10.1.1. The flight schedules published by us may change between the date of publication and the date of actual travel. We do not guarantee these flight times to you and they do not form part of your contract of carriage with us.

10.1.2. Before we accept your booking, we will tell you the scheduled departure time of your flight in effect at that time, and it will be shown on your Itinerary. It is possible that we may need to change the scheduled departure time of your flight even after your booking is confirmed. You are advised to check the scheduled departure time from the airport from which you are departing.

10.2. Delays and Cancellations

10.2.1. After your booking is made your scheduled flight times may change, be cancelled, get delayed, be diverted or rescheduled due to circumstances beyond our control. In such event, we will:

i. use reasonable endeavours to rebook you on an alternative domestic flight at no additional cost to you; or

ii. if we are unable to rebook you, refund your fare.

10.3. Please refer to our Terms and Conditions for further information.

11. Refunds

11.1. If we fail to carry you where you have a confirmed booking, or delay your flight such that you have to cancel your travel, or we are unable to rebook you on an alternative flight, or downgrade you, cause you to miss a connecting Manta Air flight, or cancel your flight, you may be entitled to a refund in accordance with these Conditions of Carriage and our Terms and Conditions.

11.2. Unless we say otherwise, we will only make a refund either to the person named on the Itinerary or to the person who made the booking.

11.3. Please refer to our Terms and Conditions for further information.

12. Conduct Aboard Aircraft

12.1. Unacceptable Behavior

12.1.1. If, while you are on board the aircraft, we determine that you have put the aircraft, or any person/item onboard, in danger; deliberately interfered with the crew in carrying out their duties; failed to obey the instructions of the crew; failed to obey the seat‐belt or no‐smoking signs; committed a criminal offence; allowed your physical or mental state to become affected by drink or drugs; failed to obey the crew’s instructions relating to drink or drugs; made a hoax bomb threat; threatened, abused or insulted the crew or other passengers or behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers or behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers, or in any other way behaved in breach of any law, regulation or statute, we may take any measures we determine reasonable to prevent you continuing your behavior, including restraint.

12.1.2. When the aircraft lands, we may decide to make you leave the aircraft; refuse to carry you on the remaining sectors of the journey shown on your Itinerary; and report the incident on board the aircraft to the relevant authorities with a view to prosecuting you for any criminal offences you may have committed.

12.2. Diversion Costs Caused by Unacceptable Behavior: If, as a result of your behavior, we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable costs of the diversion in addition to any consequential damages that may result from such diversion.

12.3. Electronic Devices

12.3.1. For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, mobile telephones; laptop computers; personal recorders; personal radios; MP3, cassette and CD players; electronic games or transmitting devices (for example, radio‐controlled toys and walkie‐talkies). You must not use these items when we have informed you not to use them.

12.3.2. The use of hearing aids and heart pacemakers is permitted.

13. Arrangement for Additional Services

If we make arrangements for you with any third party to provide any services including carriage by air, or if we issue an Itinerary or voucher relating to transportation or services (including carriage by air) provided by a third party such as another airline, ground/sea transportation, hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service will apply and we shall have no liability to you in making such arrangements.

14. Liability for Damage

14.1. Other than as specified in these Conditions of Carriage, we exclude liability for any costs, expenses, losses or damage whatsoever that may arise in connection with your carriage.

14.2. The Convention governs and limits our liability for death or personal injury. And any liability we may have for damage will be reduced in accordance with applicable law by any negligence on your part that causes or contributes to the damage.

14.3. In the event the Convention or other laws do not apply, our total liability to you for death or injury is limited to 100,000 (one hundred thousand) Special Drawing Rights, upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking the aircraft.

14.4. Any liability we have will be reduced by any negligence on your part which causes or contributes towards the liability in accordance with applicable law.

14.5. We are not liable for any damage arising from the fact that we have obeyed laws or government rules and regulations.

14.6. Unless we say otherwise, nothing in these Conditions of Carriage gives up any exclusion or limitation of liability to which we are entitled under the Convention or any laws which may apply.

14.7. We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.

14.8. We are not liable for damage to Unchecked Baggage.

14.9. Our liability for damage to Checked Baggage is limited by:

14.9.1. USD 20/- for each kilo of your Checked Baggage; or

14.9.2. If the law which applies provides for different limits of liability, those apply.

14.10. If the weight of your Checked Baggage is not recorded on the Baggage Identification Tag, we will assume that it is not more than the free baggage allowance for the class of carriage concerned.

14.11. We are not and will not be under any circumstance at any time liable for any damage caused by your baggage. You will be solely responsible for any damage caused by your baggage to other people and property, including ours.

14.12. We are not liable in any way whatsoever for damage to items which you are prohibited from including in your Checked Baggage

15. Time Limitation for Claims and Action

15.1. Notice of Claims

15.1.1. If your Checked Baggage is damaged, you must advise us immediately before leaving the airport.

15.1.2. If your Checked Baggage is delayed, you must advise us in writing within 1 (one) day of your arrival at the place of destination.

16. Interpretation

Titles or captions are for convenience only and is not to be used in interpretation. The language of these Terms and Conditions is English and English shall be the sole language used in the interpretation of these Conditions of Carriage.